- Tenant’s right to sublease and assign;
- What a tenant’s written request to landlord for consent should include;
- When a landlord’s time to respond to a tenant’s request for assignment and subletting should begin, and when must it respond by;
- Landlord’s recapture and leaseback rights;
- Carve-outs from recapture and leaseback rights;
- What a landlord conditions its consent to an assignment and/or sublet on;
- Landlord and tenant splitting profits and key-money;
- Landlord’s right to increase fixed rent upon assignment;
- Landlord’s right to additional security deposit upon an assignment
- When an assignment or sublet is binding upon landlord, and tenant’s continuing liability thereafter;
- The connection between assignment and subletting, use and guaranty provisions;
- What landlord’s rights are with respect to an assignment;
- Who pays for landlord’s review of an assignment or subletting request;
- What transfers are “deemed” to be an assignment;
- Financial and non-monetary safeguards for landlords in the event of an assignment;
- Making each sublease subordinate to the original lease;
- Landlord’s use prohibitions and restrictions;
- Carve-outs to requiring landlord’s consent to a sublet or assignment;
- Desk sharing and permitted occupants; and
- Pro-tenant exclusivity rights.
Top 20 Assignment and Subletting Provisions
Cheat Sheet